Judge Tosses NYC COVID Vaccine Mandate, Orders Fired City Workers’ Back Pay
New York City’s controversial COVID-19 vaccine mandate for municipal workers was enacted illegally and employees who were fired for refusing to comply must be immediately reinstated with back pay, a state judge has ruled • Full Story
New York City’s controversial COVID-19 vaccine mandate for municipal workers was enacted illegally and employees who were fired for refusing to comply must be immediately reinstated with back pay, a state judge has ruled.
“It is time for the City of New York to do what is right and what is just,” Staten Island Supreme Court Justice Ralph Porzio wrote in a decision made public Tuesday.
More than 1,750 city workers were fired for refusing to get vaccinated, including 36 members of the NYPD and more than 950 Department of Education employees.
In his 13-page ruling, Porzio said then-city Health Commissioner David Chokshi’s Oct. 20, 2021, order “violates the separation of powers doctrine” enshrined in the state constitution.
Chokshi also violated the workers’ “substantive and procedural due process rights” and didn’t have “the power and authority to permanently exclude [them] from their workplace,” Porzio said.
“Being vaccinated does not prevent an individual from contracting or transmitting Covid-19,” the ruling notes.
The judge ruled the “petitioners should not have been terminated” and that “If it was about public safety and health, no one would be exempt.”
The ruling would reinstate fired unvaccinated employees and order backpay.
Just how much in backpay is still bein calculated, but the group of sanitation workers who were fired for not complying with the city vaccine mandate can now exhale.
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